A division bench of the Bombay High Court at Goa comprising Justice M. S. Karnik & Justice Valmiki Menezes, by a brief order dated 18.9.2024, recorded the statement of the Panchayat of Ella, Old Goa, that it would not grant an occupation certificate to the disputed Old Goa bungalow on Survey No.4/1 without leave of the Court.
The Court was hearing a PIL Writ Petition filed by the Goa Foundation and the Goa Heritage Action Group (GHAG) pleading for removal of the bungalow before the Exposition of the remains of St Francis Xavier this November.
The PIL concerns the unprecedented construction of a new residential building in Sy.No.4/1 of Ella village located within the Protected Area of the Old Goa Heritage Complex, carried out in flagrant violation of the permit granted under Section 19 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and on the basis of support from several colourable approvals obtained under entirely fraudulent representations and documents. The building also contravenes two judgments of the Bombay High Court Court. The impugned construction seriously affects the integrity of the Protected Area site and therefore petitioners have prayed that the Court be pleased to direct that the impugned construction be fully and completely demolished and cleared from the area.
Several components of (seven) heritage buildings in the Old Goa Protected Area are identified by UNESCO as being of Global Heritage Value under the World Heritage Convention of UNESCO. India has signed and ratified the World Heritage Convention (Convention Concerning the Protection of the World Cultural and Natural Heritage) which inter alia seeks to protect cultural and natural heritage sites throughout the world and places responsibility on the commitments made by member States to protect and conserve the heritage sites recognised under the Convention. India, being a member State, is bound to follow the said Convention. Article 49 of the Constitution provides that it shall be the obligation of the State to protect every monument or place of artistic or historic interest declared by Parliament to be of national importance. Further, there is a fundamental duty cast on citizens under Article 51A(f) and (i) of the Constitution of India to ensure the protection of national monuments that are declared part of the national and cultural heritage of this country, as well as to protect and improve the environment as per Article 51A(g).
Petitioners first approached the Supreme Court with a similar petition under Article 32, and the Court was pleased to pass an order permitting the petitioners to agitate these issues before this Hon’ble Court on the grounds made out in the order. The next date of hearing is 17 October, 2024.
Claude Alvares
The Goa Foundation